conviction and sentence to death under a regime that did not accord the judicial officer discretion to consider the appropriate sentence for the offence. 74. As such, the Court holds that the mandatory imposition of the death penalty against the Applicant in the present Application constitutes a violation of the right to life as provided under Article 4 of the Charter. C. Alleged violation of the right to dignity 75. The Applicant argues that his conviction and sentence to death by hanging “is a cruel action against Article 5 of the African Charter on Human and Peoples’ Rights.” * 76. The Respondent State submits that “the allegation that the death penalty by hanging imposed on him is an act of cruelty [and against the Charter] is disputed and the Applicant is put to strict proof thereof.” It further submits that under its laws murder is punishable by death and given that the death penalty is legal within its legal system there can be no violation of the Charter. *** 77. The Court recalls that Article 5 of the Charter provides as follows: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. 78. The Court notes that the Applicant avers that his sentence to death by hanging contravenes Article 5 of the Charter. In this connection, the Court recalls that the question of execution by hanging, in the Respondent State, 19